Project Description, Inclusions and Payment Schedule.

By submitting payment, Client is agreeing to the project terms described in the project quote, terms of service provided by Victoria Keale and understand the design process associated with the project. Any changes to the terms, project inclusions or payment schedule must be requested in writing and accepted by a representative of Victoria Keale.

Payments for the quoted project must be made by the terms described in the quote. Failure to comply with payment terms will result in a delay or cancellation of the project.

Project Schedule / Delivery

The Client is responsible for meeting all deadlines associated with the project. If the Client cannot meet the deadline, the project will be rescheduled per Victoria Keale. If the Client cannot meet the deadline of a rescheduled project, the deposit is forfeited and the project will be canceled.

Project completion is considered final when client provides final approval of the project and the project is launched. Client agrees to adhere to the project inclusion list when reviewing the project for final approval. Portions of the project not included in the original project inclusion list will be completed based on the availability of the designer and will incur additional fees.

Victoria Keale fully understands that projects can evolve throughout the design process. Victoria Keale will make every effort to comply with Client requests if the changes can be fit reasonably into the original allotted time given to the project. Client understands these changes may incur additional fees. If changes cannot be reasonably fit into the allotted time, Client understands that portions of the project may be scheduled on a future date and payment for all services must be made on original due date.

Future Work

Client understands that any work requested to the project outside of the original terms will be completed at the current hourly rate or within a new package. If Client elects to hire a 3rd party to edit or change the source code or site files originally created by Victoria Keale, Victoria Keale is not responsible for “fixing” source code or site files without incurring additional fees.

Liability

Victoria Keale agrees to complete project based on terms in project quote. Victoria Keale does not assume responsibility for project performance. Victoria Keale is not responsible for down time associated with 3rd party software or server issues. Client understands the risks associated with 3rd party software.

Cancellation

Client has read and understood the terms of service posted on the Victoria Keale website and agrees to all refund and cancellation policies.

Product Information, Rules and Restrictions

All necessary materials must be supplied to Victoria Keale by close of business the Friday prior to the Project Week. Information that was requested but not received on the deadline may be required for project start, causing the Project Week to be delayed. Please make sure you read over all communications carefully.

We will not start work on your project until necessary payments have been made. We expect the same level of commitment from our clients that we give to our clients.

If you are submitting existing artwork, please supply the original design file, if possible. Design work that includes existing artwork may incur additional fees if it is necessary for us to manipulate the artwork. Acceptable file formats are: jpg, gif, tiff, pdf, psd (preferred) or ai. We will not hunt down artwork from 3rd parties, pull graphics from other websites or use copy written artwork without written consent from the owner. That includes anything at all downloaded from the web.

For all projects needing hosting, please supply either: login/password for hosting account or FTP credentials. Your information is considered confidential and will not be shared with anyone. We store all confidential information on an external hard drive with multiple firewalls (4) and ESET anti-virus protecting it. If you would like your confidential information destroyed after the project, please let us know and we will remove all information from our drives.

All graphic design services are assigned a limited number of samples and variations of those samples. The default number of design revisions is 3, unless another number is specified. Any additional samples or variations may incur an additional fee. If you are not satisfied with the samples & variations you receive, you have the option of upgrading your package to receive more samples or ending the project. If you choose to end the project you will be billed for the remainder of the package (if applicable) and sent the design files that have been developed to-date.

You are responsible for creating your own content. Subscription code insertion is included in many packages, however you are responsible for creating shopping cart code, autoresponder programs and any other code from outside parties. Victoria Keale does include product/autoresponder creation in some packages and with some services (per agreement), however those services are limited to the most common programs our clients use. If you choose to use an email marketing program or shopping cart outside our list of applicable programs, you are solely responsible for those programs. Please send in a list of programs and/or software you may be needing assistance with and we will send you more information if we are able to comply.

Web Site Design / Tech Services Contract

This AGREEMENT is dated and in effect as of the _____________, ______, between _____________ of ________________, hereafter referred to as “Client” and _____________________, hereafter referred to as “Consultant”. This agreement is with respect to the re-design of Client’s website or a technical services package, hereinafter referred to as the “Work.” Whereas, Consultant is a professional web designer of good standing; Whereas, Client wishes Consultant to create certain Work described more fully herein; and Whereas, Consultant wishes to create such Work; Now, therefore, in consideration of the foregoing premises and the mutual covenants hereinafter set forth and other valuable considerations, the parties hereto agree as follows:

CONFIDENTIALITY:

The Client and Consultant may disclose confidential information one to the other to facilitate work under this Agreement. Such information shall be so identified in writing at the time of its transmittal, and shall be safeguarded and not disclosed to third parties by the receiving party. Confidential information shall not include information that:

is already known to the party to which it is disclosed;

is or becomes part of the public domain without breach of this Agreement;

is obtained from third parties, which have no obligations to keep confidential to the parties to this Agreement.

SCOPE OF WORK:

A separate inclusion list will describe the Work that is required of the consultant for the client. The Work is considered complete when the parameters of the inclusion list have been fulfilled except in the case of a cancellation. Portions of the Work not included in the original inclusion list will be completed based on the availability of the Consultant and will incur additional fees.

All design services are assigned a limited number of samples and variations of those samples. The default number of design revisions is 3, unless another number is specified. Any additional samples or variations may incur an additional fee.

CLIENT AMENDS AND REVISIONS:

Client is limited to the restrictions of the inclusion list when requesting revisions or be subject to additional fees based on the hourly rate of the Consultant. Client must submit revision requests within 30 days of the initiation of Work to be considered within the parameters of the contract. Revision requests received after 30 days are subject to the availability of the Consultant and will incur additional fees.

DUE DATES:

Consultant agrees to deliver samples of design on dates as agreed upon in the Proposal. Consultant will make every effort to meet agreed upon due dates. The Client should be aware that failure to submit required information or materials may cause subsequent delays in the production. Client delays could result in significant delays in delivery of finished work.

FEES & ADDITIONAL SERVICES:

Changes in client input or direction or excessive changes will be charged at $60 per hour. Any work the Client wishes Consultant to create, which is not specified in the DESCRIPTION section of this agreement, or in the attached Proposal will be considered an additional service. Such Work shall require a separate Agreement and payment separate from and above that specified in this Agreement.

EXPENSES:

Client agrees to reimburse Consultant for any of the following expenses necessary in completion of the Work: (e.g. Fonts, Messengers, Proofs, Props, Research, Shipping, Software, Stock photography, Travel, Telephone Consultation)

RESERVATION OF RIGHTS:

All rights not expressly granted hereunder are reserved to Consultant, including but not limited to all rights in sketches, comps, or other preliminary materials.

PERMISSIONS AND RELEASES:

The Client agrees to indemnify and hold harmless Consultant against any and all claims, costs, and expenses, including attorney’s fees, due to materials included in the Work at the request of the Client for which no copyright permission or previous release was requested or uses which exceed the uses allowed pursuant to a permission or release.

PUBLICATION:

The Client may publish or disclose information regarding the Work and shall acknowledge the support of Consultant in all such publications. The Client will not use the name of Consultant, in any advertising or publicity without the prior written approval from the Consultant. The Consultant will not use the name of Client, in any advertising or publicity without the prior written approval from the Client.

COPYRIGHT NOTICE:

Copyright is in Consultant’s name. Upon completion of Work, the copyright will only be released to the Client upon the Consultant’s signing of the Release of Copyright.

REFUND POLICY

In the event Client wishes to cancel the agreement prior to work commencement, Consultant agrees to refund the deposit 100% within 30 days of the cancellation. Client agrees to forfeited the deposit in the event the project start is delayed more then 10 days by Client without written notice to the other requesting to reschedule the project. In addition, Client agrees to forfeited the deposit in the event the project is abandoned by the client for more then 30 days.

TERMINATION:

Either party may terminate this Agreement by giving 30 days written notice to the other of such termination. In the event that Work is postponed or terminated at the request of the Client, Consultant shall have the right to bill pro rata for work completed through the date of that request, while reserving all rights under this Agreement. If additional payment is due, this shall be payable within thirty days of the Client’s written notification to stop work. In the event of termination, the Client shall also pay any expenses incurred by Consultant and the Consultant shall own all rights to the Work. The Client shall assume responsibility for all collection of legal fees necessitated by default in payment.

The Client and Consultant are independent parties and nothing in this Agreement shall constitute either party as the employer, principal or partner of or joint venture with the other party. Neither the Client nor Consultant has any authority to assume or create any obligation or liability, either express or implied, on behalf of the other.

Law and Forum for Disputes. Except as otherwise agreed by the parties, Client agrees that any claim or dispute Client has against Consultant must be resolved by a court located in Saint Louis, Missouri. Client agrees to submit to the personal jurisdiction of the courts located within Saint Louis, Missouri for the purpose of litigating all such claims or disputes. This Agreement shall be governed in all respects by the laws of the State of Missouri, without regard to conflict of law provisions.

The agreement contained in this document [in conjunction with the final design agreement] constitutes the sole agreement between the parties listed below [“Client” “Consultant”] regarding this website project. Any additional work not specified in this contract must be authorized by a written change order. All prices specified in this contract will be honored for four (4) months after both parties accept this contract. Continued services after that time will require a new agreement. Acceptance of this contract is acknowledged with payment of deposit. Any change requests made to this design quote must be made prior to deposit. Change requests after the deposit has been made may be subject to additional fees.

Questions and requests for quote alterations can be submitted to vpk@victoriakeale.com